Cancellation of family law burdens registered on folios

Under the provisions of section 9(4) of the Family Law Act, 1995 and section 14(4) of the Family Law (Divorce) Act, 1996, the registrar of the court which makes a property adjustment order when granting a decree of judicial separation or divorce is obliged to lodge a certified copy of the property adjustment order in the Land Registry for registration under section 69(1)(h) of the Registration of Title Act, 1964.

There is no procedure under which the burden consisting of the property adjustment order will automatically be cancelled when the instrument implementing the order is lodged in the registry for registration.

The Conveyancing Committee recommends that when a transfer implementing a property adjustment order is being drafted, the solicitor concerned should include a consent by the parties to the cancellation of the burden consisting of the property adjustment order.